Trademark

The Other Mass Killing: TM Genericide


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We bring to you a guest post by Harshavardhan Ganesan on the issue of trademark genericide and what companies can do to prevent it. Our previous posts on this topic can be found here and here. Harshavardhan Ganesan is currently an LLM student at the University of California, Berkeley where he is specializing in Intellectual Property Law. The Other Mass Killing: TM Genericide Introductory Eulogy: Trademark  Genericide: The 27 club for Trademarks (“TM”). Every year, the morbidly worded Trademark Genericide…


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Drug Regulation Events Patent Trademark

SpicyIP Weekly Review (May 22nd – 29th)


SpicyIP Highlight of the Week Our highlight of the week undoubtedly has to be Prof. Basheer’s two-part analysis of the decision of Deputy Controller, Rajesh Dixit, overruling all the objections to the grant of a patent to Gilead for Sovaldi. In the first post, Prof. Basheer notes how the Deputy Controller erroneously conflated the ‘novelty’ and ‘inventive step’ enquiries while assessing Gilead’s application and came to the conclusion that the production of Sovaldi involved an inventive step by applying the…


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Patent

USTR urged to clarify position on compulsory licensing of generic medicines


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For those of you who were at ‘Consilence’ yesterday, it would be hard to forget the engaging and very memorable final session we had on ‘Compulsory Licensing and Compensatory Commons’. Prof. Srividya Ragavan alluded to the letter submitted to the USTR, Michael Froman, by a group of 15 (fifteen) Democrats urging the administration to clarify its position on compulsory licensing for generic medicines in Colombia. You can read the full news report here and the letter submitted here. The US and…


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Patent Trademark

Crowning Glory at the IPAB: Singh will be King?


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As some of you know, the IPAB has been without a chairman these past two weeks, ever since Justice Basha attained super-annuation in mid May. The Times of India reports: “Patent and trademark disputes pending for years before the Intellectual Property Appellate Board (IPAB) will suffer some more delay, as the national body has now been reduced to a headless and a one-member institution. Its chairman Justice K N Basha attained superannuation on May 13, and the lone technical member…


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Drug Regulation Innovation Patent

Reflecting on the US Special 301 Report 2016: Patently Insignificant(?)


The United States Trade Representative (USTR) on 12th April released its 2016 version of the annual Special 301 Report on IP protection and enforcement. I understand that many of our readers may already be aware of this development. Therefore, albeit a bit belated, I have tried to analyze this Review and its impact that on India. Unsurprisingly, India has been featured in the Priority Watch List. India has had the honor of being featured on this list since 1974. In…


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Innovation Patent

Solving Sovaldi: Whose Drug is it Anyway?


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As I’d mentioned in yesterday’s post, a very interesting development is brewing in the US in relation to the Gilead “Sovaldi” controversy. As some may be aware, the key prior art relied on by opponents to challenge Gilead’s patent application is a published patent by Merck. Merck sued Gilead (claiming that Sovaldi infringes upon this patent) and won in the US (at least at the initial stage, with the jury awarding Merck 200 million dollars, after the patent was found to be…


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Innovation Patent

The Sovaldi Saga: A “Novel” Non-Obvious Standard?


In a previous post, I’d promised to bring a more detailed analysis of the problematic patent decision in the Sovaldi (Sofosbuvir) post, wherein Gilead won a hard fought patent battle against some 8 odd opponents. Apart from the rather thin analysis on section 3(d) which I highlighted, the Deputy Controller also appears to have conflated the novelty and inventive step test frameworks. Essentially, he’s imported the “novelty” test framework into the “non obvious” or inventive step analysis. Or pioneered a…


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Others

Consilience 2016 – Final Schedule


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As the event draws near, we have just put the finishing touches in the schedule for Consilience 2016! The final schedule for the event is attached below. You can register for the event by sending an email to [email protected], with your name, designation and institutional affiliation, and with the subject ‘Registration for Consilience’. The registration costs for the whole event are as follows- Corporates: Rs. 5000 Non-profits: Rs. 3000 Students: Rs. 1000 Other individuals: Rs. 2500 Please register quickly, before 11:59 PM,…


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Events Sponsored

SpicyIP Events: Public Lecture on ‘Free Speech and Free Markets: The View from Intellectual Property’


The Centre for Innovation, Intellectual Property and Competition at National Law University, Delhi is organising a public lecture on ‘Free Speech and Free Markets: The View from Intellectual Property’ at 5:00 PM on May 26, 2016 at the campus of National Law University, Delhi. Prof. Shubha Ghosh, Crandall Melvin Professor of Law and Director of the Technology Commercialization Law Program at Syracuse University College of Law, shall be delivering this lecture. The lecture shall explore the relationship between the marketplace for goods and services, and the marketplace…


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Trademark

Blue Frog v Blu Frog: Piggybacking on Reputation


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We bring to you a tidbit that will interest regular visitors of the Blue Frog restaurant in Mumbai. The Bombay High Court recently passed an interim order in Frog Company Pvt. Ltd v. Blu Frog Kitchen & Lounge restraining a little known Belgaum based restaurant named “Blu Frog” from infringing on the trademark of the well known Mumbai restaurant, “Blue Frog”. Interestingly despite the order, Blu Frog’s Facebook page continues to be active. Justice Patel while ruling in favour of…


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